Duty to Mitigate

What is your duty to mitigate as an employee?

Even if you believe that you have been wrongfully dismissed and that you are entitled to notice pay, it is important to remember that you have a duty to mitigate. This means that you should seek alternative employment after you are dismissed in order to decrease your damages and any financial harm you may suffer as a result of the dismissal.

If you fail to make efforts to mitigate, any damages you may be entitled to may be reduced. It is important to keep track and record all efforts you make to find alternative employment. If you respond to job advertisements, send out resumes, or attend employment seminars, you should record the dates and times and keep a log of when and what job search attempts you made.

What are the limits of the duty to mitigate?

It is important to note that your duty to mitigate does not mean that you have to make efforts to find work that is significantly different or of significantly lower pay. For example, a chief executive officer in a corporation who has been dismissed does not have to look for entry level work at a different company.

You are not required to alter your career as a result of being dismissed, but you should make efforts to secure alternative employment of comparable rank and pay. The burden is on you to show that you have attempted to mitigate your damages.

If you have attempted to find work but have been unable to do so, it can have a positive effect on what reasonable notice you may be entitled to. It is therefore important not to overlook your responsibilities to seek alternative employment even if you are very upset and angered by your dismissal. Your interests are better protected through prudent planning and sound legal advice.

The information on this website is for informative purposes only. It is not legal advice. A lawyer can only be retained after a consultation. If you need a wrongful dismissal lawyer or if you have any other employment law issues, call me at: 416 323 3614